Disputed matters on the concept of public authority

• Author: Elena Emilia ?tefan
• Position: Lecturer, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: stefanelena@gmail.com).
• Pages: 132-139

LESIJ NO. XXII, VOL. 1/2015

DISPUTED MATTERS ON THE CONCEPT OF PUBLIC

AUTHORITY

Elena Emilia ȘTEFAN*

Abstract

The issue on the submitting of th e statement of assets and interests is a subject of great interest

within the Romanian society. Starting from this subject, this study aims to analyze which are the legal

entities required under the legislation in force to submit the statement of assets and interests and the

penalty incurred for the failure to do so.

Furthermore, we consider relevant, in order to have an overview on the set out issue, to establish

the significance of the concept of public authority. Not incidentally, we understand to discuss these two

concepts, respectively the statement of assets and interests and the public authorities due to the fact

that they were closely related within the judicial practice. Therefore, the qualification of a legal entity

as a public authority leads to the obligation of the employees of the respective entity to submit the

statement of assets and interests.

Keywords: contentious administrative law, public authorities, statement of assets and interests,

Financial Surveillance Authority, civil servant.

1. Introduction *

Following the occultism practiced by

the totalitarian regime removed on

December 22nd, 1989, the transparency

became an imperative matter for the public

life

1

. De facto, this means that the public

offices and functions fulfilled for personal

scopes, generally material scopes, shall be

avoided

2

.

According to the accepted legal

principle, the statement of assets is usually

* Lecturer, PhD, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail: stefanelena@gmail.com).

1

Mihai Constantinescu, Ioan Muraru, Drept parlamentar (Parliamentary Law), Gramar Publishing House,

Bucharest, 1994, p.55.

2

Mihai Constantinescu, Ioan Muraru, op.cit., p.101.

3

Verginia Vedinaș, Drept administrativ (Adminitrative Law), 4th edition reviewed and updated, Universul Juridic

Publishing House, Bucharest, 2009, p. 482.

4

Art. 3 paragraph (1) of Law no. 176/2010 on the integrity in exercising the public offices and functions, for the

amendment and supplementation of Law no. 144/2007 on the establishment, organization and functioning of the

National Integrity Agency (...), published in Official Journal no. 621/2010.

5

Verginia Vedinaș, Drept administrativ, (Administrative Law), 4th edition reviewed and updated, Universul

Juridic Publishing House, Bucharest, 2009, p. 482.

analyzed under the name of obligation of

disinterestedness and makes part of the

category of the duties which equally aim

both the p rofessional and the private life of

the civil servant

3

. The statement of assets

and the statement of interests represent

personal deeds and they can be revised only

under the terms of this law

4

. (...) Another

author showed that the law seeks to prevent

the cases of abuse, corruption, the use of the

service in order to achieve outstanding

material advantages

5

.